First lawsuits filed in E. coli cases against Cleveland County Fair

Published: Tuesday, November 20, 2012 at 11:07 PM.

Fair manager Calvin Hastings said Tuesday that he hadn’t been served with any lawsuit papers.

When asked about the implications, he referred The Gazette to his attorneys at Gardner Law Offices. Calls were not immediately returned Tuesday.

In the wake of the health department investigation, the fairgrounds closed to the public Oct. 22.

Parts of the fairgrounds are expected to reopen after the first of the year.

But the fair won’t host animals again until a newly forming health and agriculture task force convenes to further study the outbreak and recommend the best safe practices for conducting fair exhibits, Hastings said in a previous interview.

“Hopefully, we can continue with animal exhibits,” Hastings said, adding that agricultural fairs have been an important part of American heritage for more than 150 years and Cleveland County heritage for 88 years.

Families of two children made sick from exposure to E. coli filed a lawsuit against the Cleveland County Fair this week.

Tracy and Michael Roberts along with Mary Katherine Gordon and Michael Dover filed the suit Monday at the Gaston County Courthouse.

The Roberts family has spoken publicly about their daughter’s illness.

Five-year-old Hannah Roberts was hospitalized at Levine Children’s Hospital for 10 days because of illness from the bacteria. She had blood transfusions and kidney dialysis during her stay, and has suffered emotional trauma from the hospitalization, her parents said in an earlier interview.

According to the lawsuit, the girl has permanent kidney damage, and her parents “endured substantial emotional distress related to their daughter’s injuries.”

Isaac Dover, the 18-month-old son of Mary Katherine Gordon and Michael Dover, was also hospitalized from an E. coli infection contracted at the fair, according to the lawsuit.

Both children have since been released from the hospital, but each is still recovering.

E. coli outbreak

The fair petting zoo was the source of the E. coli outbreak that sickened more than 100 and led to the death of a Gaston County toddler, according to health officials.

Consistent heavy rains during this year’s fair may have also played a role in spreading contamination by washing waste to nearby parking lots and walking areas, according to the N.C. Department of Health and Human Services.

At the outbreak’s peak, 106 people were battling E. coli symptoms – more than half of them 18 or younger, more than a dozen hospitalized and seven battling a disorder that causes kidney failure. Two-year-old Gage Lefevers from Gaston County died of complications from E. coli symptoms.

The annual fair opened Sept. 27 and closed Oct. 9.

Perfect environment

Diagnoses of E. coli infection began flooding in, prompting state health officials to launch daily updates and an investigation into the cause.

A state health investigation found no evidence that fair officials broke any laws or guidelines.

In the lawsuit, attorney for the plaintiffs, Thomas Bumgardner, charges that better practices should’ve been used to protect fair patrons.

In the suit he writes:

“Among other things, the animal waste-water polluted the fair’s supply of sawdust, which was used to clean up spills and other hazards throughout fairgrounds. Despite its contamination, agents and/or employees of the defendant Cleveland County Fair Inc. spread the sawdust throughout the fairgrounds, including those areas outside of the petting zoo and even into areas intended for food consumption and sale.”

Livestock often carry bacteria such as E. coli in their digestive tracts. That bacterium can harm people and cause more serious reactions in children.

Bumgardner said the fair manufactured a perfect environment for such an outbreak.

“This was a foreseeable event. This should have been expected. It should have been prevented,” he said.

Fair response

Fair manager Calvin Hastings said Tuesday that he hadn’t been served with any lawsuit papers.

When asked about the implications, he referred The Gazette to his attorneys at Gardner Law Offices. Calls were not immediately returned Tuesday.

In the wake of the health department investigation, the fairgrounds closed to the public Oct. 22.

Parts of the fairgrounds are expected to reopen after the first of the year.

But the fair won’t host animals again until a newly forming health and agriculture task force convenes to further study the outbreak and recommend the best safe practices for conducting fair exhibits, Hastings said in a previous interview.

“Hopefully, we can continue with animal exhibits,” Hastings said, adding that agricultural fairs have been an important part of American heritage for more than 150 years and Cleveland County heritage for 88 years.

More than sorry

Bumgardner said he doesn’t think fair workers intentionally did anything wrong. But their negligence injured people and took a life, he said.

“This is a case where sorry is not enough,” he said. “Sorry isn’t going to pay their outstanding medical expenses. Sorry isn’t going to repair their damaged kidneys.”

As of Tuesday afternoon no other cases against the Cleveland County Fair had been filed at courthouses in Gaston or Cleveland counties.

Each of the 106 people infected has a case, in Bumgardner’s opinion.

“This is one time where a child can stand equal with a corporation,” said Bumgardner. “They’re equals when it comes to administering justice in this case.”

You can reach reporter Diane Turbyfill at 704-869-1817 and twitter.com/GazetteDiane.